Chelangat and 24 Others v Mbale Municipal Local Government Council and Another
Chelangat and 24 Others v Mbale Municipal Local Government Council and Another (Miscellaneous Application 175 of 2023) [2024] UGHC 817 (3 September 2024)
The application was dismissed because the Applicants failed to serve the application on the Respondents within the mandatory 21-day period as stipulated by Order 5 Rule 1(3) of the Civil Procedure Rules. No application for extension of time was made, and the law provides for automatic dismissal in such circumstances, leaving the court with no discretion. Furthermore, Mbale Municipal Local Government Council was found to be a non-existent legal entity and was struck out as a party. The invocation of Article 126(2)(e) of the Constitution could not override the mandatory procedural requirements.…
Source excerpt
- Service Of Process
- Mandatory Timelines
- Striking Out Non Existent Party
- Setting Aside Dismissal
- Reinstatement Of Suit